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2026 DAILYLAW 10520 (BOM)

GURUNATH NAMDEV CHOPDEKAR AND ANR v. RAJENDRA NAMDEV CHOPDEKAR AND 5 ORS

WP/965/2026 · 2026-09-24

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Judgment text

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903 WP 965 2026 Amrut IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.965 OF 2026 GURUNATH NAMDEV CHOPDEKAR AND ANR ... PETITIONERS Versus RAJENDRA NAMDEV CHOPDEKAR AND 5 ORS ... RESPONDENTS Mr. Ryan Menezes and Ms M. Silva, Advocates for Petitioners. Mr Kabir Sabnis, Advocate for Respondent No.3. CORAM:- S. G. CHAPALGAONKAR, J. DATED :- 24th September, 2026 P.C.: 1. The present writ petition takes exception to order dated 12th November 2025 passed by Civil Judge Junior Division, Pernem, in Regular Execution Application No.1/2018 whereby Commissioner's report and plan at Exhibit D-11 were accepted for execution of decree. 2. On 15th December 2025, notices were issued in this writ petition. On appearance of parties, the matter was taken up for consideration on 16th February 2026. Parties showed agreement to appoint Mr Vivek G. Naik as Surveyor, who shall conduct the survey of portion of land under Survey No.115/0 of Village Pernem by using Total Station Survey Method. Surveyor was to consider boundaries of property specified in Deed of Sale dated 24th September, 2026 2026:BHC-GOA:1898 903 WP 965 2026 10th May 1979 along with survey plan. Surveyor was to demarcate all structures and their dimensions existing at the site. In pursuance to aforesaid order, the surveyor has executed the assignment and submitted a report dated 2nd August 2026 along with plan. 3. Learned Advocate appearing for respective parties principally accepts the correctness of plan showing plot Nos.1, 2, 3, and 4 in Survey No.115/1 situated at Querim Village. In that view of matter, only exercise of putting the parties into possession by fixing boundaries as per plan remains. 4. In that view of matter, writ petition is partly allowed. The impugned order is quashed and set aside. Parties are relegated back to Civil Judge Junior Division, Pernem/Executing Court for finalizing execution proceedings in terms of report along with plan tendered by Surveyor to this Court. Survey report along with annexures thereto be transmitted to the Executing Court, and parties shall proceed further to demarcate the property as per the plan appended to survey/site inspection report submitted by Mr Vivek G. Naik. 5. Writ Petition stands disposed of in aforesaid terms. S. G. CHAPALGAONKAR, J. 24th September, 2026 Signed by: TARI AMRUT NAGESH Designation: Private Secretary Date: 24/09/2026 13:56:37